[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57419-57433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18161]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979, C-570-980]


Antidumping and Countervailing Duty Orders on Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, From the 
People's Republic of China: Final Scope Determination and Final 
Affirmative Determinations of Circumvention With Respect to Cambodia, 
Malaysia, Thailand, and Vietnam

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that, 
except as noted below, imports of certain crystalline silicon 
photovoltaic cells, whether or not assembled into modules (solar cells 
and modules), that have been completed in the Kingdom of Cambodia 
(Cambodia), Malaysia, the Kingdom of Thailand (Thailand), or the 
Socialist Republic of Vietnam (Vietnam), using parts and components 
produced in the People's Republic of China (China), as specified below, 
that are then subsequently exported from Cambodia, Malaysia, Thailand, 
or Vietnam to the United States are circumventing the antidumping duty 
(AD) and countervailing duty (CVD) orders on solar cells and modules 
from China.

DATES: Applicable August 23, 2023.

FOR FURTHER INFORMATION CONTACT: Jose Rivera, Peter Shaw, or Toni Page 
(Cambodia and Malaysia) and Jeff Pedersen or Paola Aleman Ordaz 
(Thailand and Vietnam), Offices VII and IV, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0842, (202) 482-1398, (202) 482-0697, (202) 482-2769, and (202) 482-
4031, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 8, 2022, Commerce published the preliminary 
determinations \1\ of the circumvention inquiries of the AD and CVD 
orders on solar cells and modules from China. The circumvention 
inquiries concern solar cells and modules which were completed in 
Cambodia, Malaysia, Thailand, or Vietnam using parts and components 
manufactured in China.\2\ We invited parties to comment on the 
Preliminary Determinations.
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    \1\ See Antidumping and Countervailing Duty Orders on 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China: Preliminary 
Affirmative Determinations of Circumvention With Respect to 
Cambodia, Malaysia, Thailand, and Vietnam, 87 FR 75221 (December 8, 
2022) (Preliminary Determinations), and accompanying Preliminary 
Decision Memoranda (PDM).
    \2\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules from the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, and 
Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (AD Order); 
see also Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: 
Countervailing Duty Order, 77 FR 73017 (December 7, 2012) (CVD 
Order) (collectively, Orders).
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    On December 23, 2022, Sonali Energees USA LLC (Sonali) filed a 
Scope Ruling Application in which it requested that Commerce determine 
that the solar modules that it imports into the United States from 
Cambodia are outside the scope of the Orders.\3\ On January 20, 2023, 
Commerce notified all interested parties that it would address Sonali's 
scope ruling request in the circumvention inquiry covering Cambodia.\4\
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    \3\ See Sonali's Letter, ``Sonali Energees USA LLC's Scope 
Ruling Application for Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled Into Modules, from the People's Republic of 
China: Request for Scope Ruling on Certain Solar Modules and Cells 
Manufactured in Cambodia,'' dated December 23, 2022.
    \4\ See Memorandum, ``Sonali Scope Inquiry,'' dated January 20, 
2023.
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    A summary of events that occurred since Commerce published the 
Preliminary Determinations, as well as a full discussion of the issues 
raised by parties for these final determinations, may be found in the 
Issues and Decision Memoranda.\5\ Commerce conducted the

[[Page 57420]]

scope inquiry in accordance with 19 CFR 351.225(c) and (h) and these 
circumvention inquiries in accordance with section 781(b) of the Tariff 
Act of 1930, as amended (the Act) and 19 CFR 351.226.
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    \5\ See Memoranda, ``Antidumping and Countervailing Duty Orders 
on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China: Issues and 
Decision Memorandum for the Circumvention Inquiry With Respect to 
the Kingdom of Cambodia'' (Cambodia IDM); ``Antidumping and 
Countervailing Duty Orders on Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules, from the People's 
Republic of China: Issues and Decision Memorandum for the 
Circumvention Inquiry With Respect to Malaysia''; ``Antidumping and 
Countervailing Duty Orders on Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules, from the People's 
Republic of China: Issues and Decision Memorandum for the 
Circumvention Inquiry With Respect to the Kingdom of Thailand''; and 
``Antidumping and Countervailing Duty Orders on Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the 
People's Republic of China: Issues and Decision Memorandum for the 
Circumvention Inquiry With Respect to the Socialist Republic of 
Vietnam'' (Vietnam IDM); all dated concurrently with, and hereby 
adopted by, this notice (collectively, Issues and Decision 
Memoranda).
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Scope of the Orders

    The products subject to the Orders are solar cells and modules. For 
a full description of the scope of the Orders, see the Issues and 
Decision Memoranda.\6\
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    \6\ Id.
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Scope Ruling

    The scope ruling covers certain solar modules that have been 
completed in Cambodia, using wafers from China, that are subsequently 
exported from Cambodia to the United States.

Merchandise Subject to the Circumvention Inquiries

    The circumvention inquiries cover certain solar cells and modules 
that have been completed in Cambodia, Malaysia, Thailand, or Vietnam, 
using parts and components from China, as specified below, that are 
subsequently exported from Cambodia, Malaysia, Thailand, or Vietnam to 
the United States (inquiry merchandise).
    Specifically, these circumvention inquiries cover: (A) crystalline 
silicon photovoltaic cells that meet the physical description of 
crystalline silicon photovoltaic cells in the scope of the underlying 
Orders, subject to the exclusions therein, whether or not partially or 
fully assembled into other products, that were produced in Cambodia, 
Malaysia, Thailand, or Vietnam, from wafers produced in China; and (B) 
modules, laminates, and panels consisting of crystalline silicon 
photovoltaic cells, subject to the exclusions for certain panels in the 
scope of the underlying orders, whether or not partially or fully 
assembled into other products, that were produced in Cambodia, 
Malaysia, Thailand, or Vietnam from wafers produced in China and where 
more than two of the following components in the module/laminate/panel 
were produced in China: (1) silver paste; (2) aluminum frames; (3) 
glass; (4) backsheets; (5) ethylene vinyl acetate sheets; and (6) 
junction boxes.
    If modules, laminates, and panels consisting of crystalline silicon 
photovoltaic cells do not meet both of the conditions in item (B) 
above, then these circumvention inquiries do not cover the modules, 
laminates, and panels, or the crystalline silicon photovoltaic cells 
within the modules, laminates, and panels, even if those crystalline 
silicon photovoltaic cells were produced in Cambodia, Malaysia, 
Thailand, or Vietnam from wafers produced in China. Wafers produced 
outside of China with polysilicon sourced from China are not considered 
to be wafers produced in China for purposes of these circumvention 
inquiries.

Methodology

    Commerce made the final scope determination in accordance with 19 
CFR 351.225. Commerce made these final circumvention findings in 
accordance with section 781(b) of the Act and 19 CFR 351.226.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
parties in these inquiries are addressed in the Issues and Decision 
Memoranda. Commerce did not receive any comments on Sonali's Scope 
Ruling Application. A list of topics included in the Issues and 
Decision Memoranda are included as Appendix I to this notice. The 
Issues and Decision Memoranda are public documents and are on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, complete versions of the Issues and Decision Memoranda can be 
accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Scope Ruling

    As detailed in the Cambodia IDM, we find that the merchandise 
described in Sonali's Scope Ruling Application is not covered by the 
scope of the Orders. However, Sonali's merchandise is subject to 
Commerce's determination in the circumvention inquiry involving 
Cambodia.

Final Determinations of Circumvention

    As detailed in the Issues and Decision Memoranda for Cambodia, 
Malaysia, and Vietnam, and in the Preliminary Determination for 
Thailand, with the exception of certain U.S. imports from the exporters 
identified in Appendix III to this notice, we determine that U.S. 
imports of inquiry merchandise are circumventing the Orders on a 
country-wide basis. As a result, we determine that this merchandise is 
covered by the Orders.
    We determine, pursuant to section 781(b) of the Act and 19 CFR 
351.225(g), that solar cells/solar modules exported from, and produced 
in, Malaysia, or Vietnam by the entities listed for each of those 
countries in Appendix III to this notice, using wafers produced in 
China that were exported by specific companies are not circumventing 
the Orders.
    After considering comments from interested parties, we determine to 
not apply adverse facts available to Vietnam Sunergy Joint Stock 
Company.\7\
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    \7\ See Vietnam IDM at Comment 8.
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    See the ``Suspension of Liquidation and Cash Deposit Requirements'' 
section below for details regarding suspension of liquidation and cash 
deposit requirements. See the ``Certification'' and ``Certification 
Requirements'' section below for details regarding the use of 
certifications.

Use of Adverse Facts Available

    In the Preliminary Determinations, we relied on the facts available 
under section 776(a) of the Act, including facts available with adverse 
inferences under section 776(b) of the Act, where appropriate. In 
particular, we requested information from certain companies in each of 
the examined countries, including the quantity and value (Q&V) of their 
exports during the inquiry period for purposes of respondent selection. 
In the Q&V questionnaire, Commerce explained that, if the company to 
which Commerce issued the questionnaire fails to respond to the 
questionnaire, or fails to provide the requested information, Commerce 
may find that the company failed to cooperate by not acting to the best 
of its ability to comply with the request for information, and may use 
an inference that is adverse to the company's interests in selecting 
from the facts otherwise available. Certain companies to which Commerce 
issued the Q&V questionnaire in the Malaysia, Thailand, and Vietnam 
inquiries received, but failed to timely respond to, the Q&V 
questionnaire.\8\
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    \8\ See Appendix II for a list of companies that failed to 
respond to Commerce's request for Q&V information.
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    Additionally, New East Solar Energy (Cambodia) Co., Ltd.\9\ and 
Vina Solar Technology Co., Ltd.\10\ refused to participate in 
verification.
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    \9\ See Cambodia IDM at Comment 9.
    \10\ See Memorandum, ``Verification of Vina Solar Technology 
Company Limited,'' dated April 12, 2023.

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[[Page 57421]]

    Therefore, we find that necessary information is not available on 
the record and that the companies that failed to timely respond to the 
Q&V questionnaire withheld requested information, failed to provide 
requested information by the deadline or in the form and manner 
requested, significantly impeded these inquiries, and that the 
companies that refused to be verified significantly impeded these 
inquiries and provided information that could not be verified, within 
the meaning of sections 776(a)(2)(A)-(D) of the Act. Moreover, we find 
that these companies failed to cooperate to the best of their ability 
to provide the requested information, within the meaning of section 
776(b) of the Act, because they either did not provide a timely 
response to Commerce's Q&V questionnaire or did not allow their 
submitted information to be verified. Consequently, we have used 
adverse inferences with respect to these companies in selecting from 
among the facts otherwise available on the record, pursuant to sections 
776(a) and (b) of the Act.
    Based on the adverse facts available used, we determine that the 
companies listed in Appendix II to this notice exported inquiry 
merchandise and that U.S. entries of that merchandise are circumventing 
the Orders. As noted above, we are no longer applying adverse facts 
available to Vietnam Sunergy Joint Stock Company and this company has 
been removed from the list in Appendix II.\11\ Additionally, with the 
exception of the ``Applicable Entries'' certification, which is 
described in the ``Certifications'' section below, we are precluding 
the companies listed in Appendix II to this notice from participating 
in the certification programs that we are establishing for exports of 
solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam.
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    \11\ See Vietnam IDM at Comment 8.
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    U.S. entries of inquiry merchandise made on or after April 1, 2022, 
that are ineligible for certification based on the failure of the 
companies listed in Appendix II to cooperate, or for other reasons, 
shall remain subject to suspension of liquidation until final 
assessment instructions on those entries are issued, whether by 
automatic liquidation instructions, or by instructions pursuant to the 
final results of an administrative review. After considering comments 
from interested parties, we determined that interested parties that 
wish to have their suspended non-``Applicable Entries,'' if any, 
reviewed, and/or their ineligibility for the certification program re-
evaluated, should request an administrative review of the relevant 
suspended entries during the next anniversary month of these Orders 
(i.e., December 2023).\12\ The requestor should note in the request for 
an administrative review that: (1) it believes that all the imported 
merchandise from the company identified in Appendix II would meet the 
certification requirements in Appendix VI of this Federal Register 
notice; and (2) that the requestor is seeking a review in order for 
Commerce to reconsider the exporter/producer's eligibility to certify 
to that fact.
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    \12\ See Issues and Decisions Memoranda at the Comment entitled 
``Whether Commerce Should Reconsider Certification Eligibility in 
Changed Circumstances Reviews.''
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Suspension of Liquidation and Cash Deposit Requirements

    On June 6, 2022, the President of the United States signed 
Presidential Proclamation 10414, ``Declaration of Emergency and 
Authorization for Temporary Extensions of Time and Duty-Free 
Importation of Solar Cells and Modules from Southeast Asia.'' \13\ In 
Presidential Proclamation 10414, the President directed the Secretary 
of Commerce (the Secretary) to:
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    \13\ See Proclamation No. 10414, Declaration of Emergency and 
Authorization for Temporary Extensions of Time and Duty-Free 
Importation of Solar Cells and Modules from Southeast Asia, 87 FR 
35067 (June 9, 2022) (Proclamation 10414).

consider taking appropriate action under section 1318(a) of title 
19, United States Code, to permit, until 24 months after the date of 
this proclamation or until the emergency declared herein has 
terminated, whichever occurs first, under such regulations and under 
such conditions as the Secretary may prescribe, the importation, 
free of the collection of duties and estimated duties, if 
applicable, under sections 1671, 1673, 1675, and 1677j of title 19, 
United States Code, {(sections 701, 731, 751 and 781 of the 
Act){time}  of certain solar cells and modules exported from the 
Kingdom of Cambodia, Malaysia, the Kingdom of Thailand, and the 
Socialist Republic of Vietnam, and that are not already subject to 
an antidumping or countervailing duty order as of the date of this 
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proclamation . . .

    On September 12, 2022, Commerce added Part 362 to its regulations 
to implement Presidential Proclamation 10414. Pursuant to 19 CFR 
362.103(b)(1)(i), Commerce will direct U.S. Customs and Border 
Protection (CBP) to discontinue the suspension of liquidation and 
collection of cash deposits that were ordered based on Commerce's 
initiation of these circumvention inquiries. In addition, pursuant to 
19 CFR 362.103(b)(1)(ii) and (iii), Commerce will not direct CBP to 
suspend liquidation, and require cash deposits, of estimated ADs and 
CVDs based on these affirmative determinations of circumvention on, any 
``Applicable Entries.'' However, Commerce will direct CBP to suspend 
liquidation, and collect cash deposits, of estimated ADs and CVDs based 
on these affirmative determinations of circumvention on, imports of 
``Southeast Asian-Completed cells and modules'' that are not 
``Applicable Entries.''
    Pursuant to 19 CFR 362.102, `Southeast Asian-Completed Cells and 
Modules'' are:

crystalline silicon photovoltaic cells, whether or not assembled 
into modules (solar cells and modules), which are completed in the 
Kingdom of Cambodia, Malaysia, the Kingdom of Thailand, or the 
Socialist Republic of Vietnam using parts and components 
manufactured in the People's Republic of China, and subsequently 
exported from Cambodia, Malaysia, Thailand, or Vietnam to the United 
States. These are cells and modules subject to the Solar 
Circumvention Inquiries. Southeast Asian-Completed Cells and Modules 
does not mean solar cells and modules that, on June 6, 2022, the 
date Proclamation 10414 was signed, were already subject to Certain 
Solar Orders.\14\
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    \14\ ``Certain Solar Orders'' refers to the following orders: 
(1) Solar Cells AD Order; (2) Solar Cells CVD Order; and (3) Certain 
Crystalline Silicon Photovoltaic Products from Taiwan: Antidumping 
Duty Order, 80 FR 8596 (February 18, 2015).

``Applicable Entries means the entries of Southeast Asian-Completed 
Cells and Modules that are entered into the United States, or withdrawn 
from warehouse, for consumption before the Date of Termination and, for 
entries that enter after November 15, 2022, are used in the United 
States by the Utilization Expiration Date.'' \15\ The ``Date of 
Termination'' is ``June 6, 2024, or the date the emergency described in 
Presidential Proclamation 10414 has been terminated, whichever occurs 
first.'' \16\ The ``Utilization Expiration Date'' is ``the date 180 
days after the Date of Termination.'' \17\ ``Utilization and utilized 
means the Southeast Asian-Completed Cells and Modules will be used or 
installed in the United States. Merchandise which remains in inventory 
or a warehouse in the United States, is resold to another party, is 
subsequently exported, or is destroyed after importation is not 
considered utilized for purposes of'' the provisions in Part 362 of the 
regulations.\18\
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    \15\ See 19 CFR 362.102.
    \16\ Id.
    \17\ Id.
    \18\ Id.

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[[Page 57422]]

    Therefore, based on these affirmative determinations of 
circumvention, Commerce will direct CBP to continue to suspend 
liquidation of, and collect cash deposits of the applicable estimated 
ADs and CVDs on, U.S. imports of Southeast Asian-completed solar cells 
and solar modules that are not ``Applicable Entries'' that were 
entered, or withdrawn from warehouse, for consumption on or after April 
1, 2022, the date of publication of initiation of these circumvention 
inquiries in the Federal Register,\19\ but prior to the Date of 
Termination of Presidential Proclamation 10414. Specifically, with the 
exception of the entries for which the importer and exporter have met 
the requirements of the relevant certifications described in the 
``Certified Entries'' section of this notice below, Commerce will 
direct CBP to implement the following cash deposit requirements for 
U.S. entries of ``Southeast Asian-completed cells and modules'' that 
are not ``Applicable Entries'': (1) for exporters of the solar cells or 
solar modules that have a company-specific cash deposit rate under the 
AD Order and/or CVD Order, the cash deposit rate will be the company-
specific AD and/or CVD cash deposit rate established for that company 
in the most recently-completed segment of the solar cells proceedings; 
(2) for exporters of the solar cells or solar modules that do not have 
a company-specific cash deposit rate under the AD Order and/or CVD 
Order, the cash deposit rate will be the company-specific cash deposit 
rate established under the AD Order and/or CVD Order for the company in 
China that exported the wafers to the producer/exporter in the relevant 
third country (i.e., Cambodia, Malaysia, Thailand, or Vietnam) that 
were incorporated in the imported solar cells or solar modules; and (3) 
if neither the exporter of the solar cells or solar modules nor the 
exporter of the wafers described in item (2) above has a company-
specific cash deposit rate, the AD cash deposit rate will be the China-
wide rate (238.95 percent), and the CVD cash deposit rate will be the 
all-others rate (15.24 percent). Commerce has established the following 
third-country case numbers in the Automated Commercial Environment 
(ACE) for such entries: Cambodia--A-555-902-000/C-555-903-000; 
Malaysia--A-557-988-000/C-557-989-000; Thailand--A-549-988-000/C-549-
989-000; and Vietnam--A-552-988-000/C-552-989-000. If the exporter of 
the wafers described in the cash deposit requirements above has its own 
company-specific cash deposit rate under the Orders, the importer, 
producer, or exporter of inquiry merchandise containing those wafers 
may file a request in ACCESS on the record of the applicable proceeding 
segment that Commerce establish a case number in ACE for the Orders for 
the applicable third-country that is specific to the Chinese wafer 
exporter. CBP may also submit such a request to Commerce through the 
ACE AD/CVD Portal Inquiry System.
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    \19\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: 
Initiation of Circumvention Inquiry on the Antidumping Duty and 
Countervailing Duty Orders, 87 FR 19071 (April 1, 2022).
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Entries on or After Termination of Presidential Proclamation 10414

    Upon termination of the Presidential Proclamation 10414, Commerce 
will issue instructions to CBP that are described in 19 CFR 
362.103(b)(2). Further, consistent with 19 CFR 362.103(b)(3), after the 
Preliminary Determinations, Commerce issued instructions to CBP 
pursuant to 19 CFR 362.103(b)(3).\20\
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    \20\ See Preliminary Determinations, 87 FR at 75224.
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Certified Entries

    Entries prior to the Date of Termination for which the importer and 
exporter have met the certification requirements described below and in 
Appendix IV, V, or VI to this notice, and entries on or after the Date 
for Termination for which the importer and exporter have met the 
certification requirements described below and in Appendix V or VI to 
this notice, will not be subject to suspension of liquidation, or the 
cash deposit requirements described above. Failure to comply with the 
applicable requisite certification requirements may result in the 
merchandise being subject to ADs and CVDs.

Certifications

    In order to administer these country-wide affirmative 
determinations of circumvention, and the company-specific negative 
determinations of circumvention, and to implement Presidential 
Proclamation 10414, Commerce has established the following types of 
certifications: (1) importer and exporter certifications that specific 
entries meet the regulatory definition of ``Applicable Entries'' (see 
Appendix IV to this notice); (2) importer and exporter certifications 
that specific entries are not subject to suspension of liquidation or 
the collection of cash deposits based on the negative circumvention 
determinations with respect to the exporters listed in Appendix III to 
this notice in combination with certain wafer exporters (see Appendix V 
to this notice); and (3) importer and exporter certifications that 
specific entries of solar cells or solar modules from Cambodia, 
Malaysia, Thailand, or Vietnam are not subject to suspension of 
liquidation or the collection of cash deposits pursuant to these 
country-wide affirmative determinations of circumvention because the 
merchandise meets the component content requirements described in the 
certification (see Appendix VI to this notice). The non-cooperative 
companies listed in Appendix II are not eligible to use the 
certification described in items (2) or (3) above for the relevant 
inquiry country.\21\
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    \21\ See Preliminary Determinations PDM at the section titled 
``Use of Facts Available with an Adverse Inference''; and, e.g., 
Anti-circumvention Inquiry of the Antidumping Duty Order on Certain 
Pasta from Italy: Affirmative Preliminary Determination of 
Circumvention of the Antidumping Duty Order, 63 FR 18364, 18366 
(April 15, 1998), unchanged in Anti-Circumvention Inquiry of the 
Antidumping Duty Order on Certain Pasta from Italy: Affirmative 
Final Determination of Circumvention of the Antidumping Duty Order, 
63 FR 54672, 54675-76 (October 13, 1998).
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    Importers and exporters that claim that: (1) an entry of 
``Southeast Asian-completed cells and modules'' is an ``Applicable 
Entry''; (2) an entry of solar cells or solar modules is not subject to 
suspension of liquidation or the collection of cash deposits based on 
the negative circumvention determination with respect to one of the 
companies listed in Appendix III; or (3) the entry of solar cells or 
solar modules is not subject to suspension of liquidation or the 
collection of cash deposits based on the inputs used to manufacture 
such merchandise, must complete the applicable certification and meet 
the certification and documentation requirements described below, as 
well as the requirements identified in the applicable certification.

Certification Requirements

    Importers are required to complete and maintain the applicable 
importer certification, and maintain a copy of the applicable exporter 
certification, and retain all supporting documentation for both 
certifications. For entries of inquiry merchandise more than 14 days 
after the date of publication of the notice of Commerce's Preliminary 
Determinations of circumvention in the Federal Register, the applicable 
importer certification must be completed and signed by the time the 
entry summary is filed for the relevant entry. For entries

[[Page 57423]]

of inquiry merchandise during the period April 1, 2022, (the date of 
initiation of these circumvention inquiries) through the 14th day after 
the date of publication of the notice of Commerce's Preliminary 
Determinations of circumvention in the Federal Register, where the 
entry has not been liquidated (and entries for which liquidation has 
not become final), the applicable importer certification should have 
been completed and signed by no later than 45 days after the date of 
publication of the notice of Commerce's Preliminary Determinations of 
circumvention in the Federal Register. For entries of inquiry 
merchandise during the period April 1, 2022, through the 14th day after 
the date of publication of the notice of Commerce's Preliminary 
Determinations of circumvention in the Federal Register, importers have 
the option to complete a blanket certification covering multiple 
entries, individual certifications for each entry, or a combination 
thereof.
    The importer, or the importer's agent, must submit both the 
importer's certification and the exporter's certification to CBP as 
part of the entry process by uploading them into the document imaging 
system (DIS) in ACE. Where the importer uses a broker to facilitate the 
entry process, it should obtain the entry summary number from the 
broker. Agents of the importer, such as brokers, however, are not 
permitted to certify on behalf of the importer.
    Exporters are required to complete and maintain the applicable 
exporter certification and provide the importer with a copy of that 
certification and all supporting documentation (e.g., invoice, purchase 
order, production records, etc.). For shipments of inquiry merchandise 
more than 14 days after the date of publication of the notice of 
Commerce's Preliminary Determinations of circumvention in the Federal 
Register, the applicable exporter certification must be completed and 
signed, and a copy of the certification provided to the importer, on, 
or prior to, the date of shipment. For entries during the period April 
1, 2022, (the date of initiation of these circumvention inquiries) 
through the 14th day after the date of publication of the notice of 
Commerce's Preliminary Determinations of circumvention in the Federal 
Register, the applicable exporter certification should have been 
completed and signed, and a copy of the certification provided to the 
importer, by no later than 45 days after the date of publication of the 
notice of Commerce's Preliminary Determinations of circumvention in the 
Federal Register. For shipments of inquiry merchandise during the 
period April 1, 2022, through the 14th day after the date of 
publication of the notice of Commerce's Preliminary Determinations of 
circumvention in the Federal Register, exporters have the option to 
complete a blanket certification covering multiple entries, individual 
certifications for each entry, or a combination thereof.
    The exporter certification should be completed by the party selling 
the solar cells or solar modules to the United States that were 
manufactured in Cambodia, Malaysia, Thailand, or Vietnam.
    Additionally, the claims made in the certifications and any 
supporting documentation are subject to verification by Commerce and/or 
CBP. Importers and exporters are required to maintain the 
certifications and supporting documentation for the later of: (1) the 
date that is five years after the latest entry date of the entries 
covered by the certification; or (2) the date that is three years after 
the conclusion of any litigation in United States courts regarding such 
entries.
    For unliquidated entries (and entries for which liquidation has not 
become final) of solar cells and solar modules that were declared as 
non-AD/CVD type entries (e.g., type 01) and were entered, or withdrawn 
from warehouse, for consumption in the United States during the period 
April 1, 2022, (the date of initiation of these circumvention 
inquiries) through the date of publication of the Preliminary 
Determinations in the Federal Register, for which none of the above 
certifications may be made, importers must file a Post Summary 
Correction with CBP, in accordance with CBP's regulations, regarding 
conversion of such entries from non-AD/CVD type entries to AD/CVD type 
entries (e.g., type 01 to type 03). Importers should report those AD/
CVD type entries using the following third-country case numbers: 
Cambodia--A-555-902-000/C-555-903-000; Malaysia--A-557-988-000/C-557-
989-000; Thailand--A-549-988-000/C-549-989-000; and Vietnam--A-552-988-
000/C-552-989-000. Other third-country case numbers may be established 
following the process described above. The importer should pay cash 
deposits on those entries consistent with the regulations governing 
post summary corrections that require payment of additional duties.
    If it is determined that an importer and/or exporter has not met 
the certification and/or related documentation requirements for certain 
entries, Commerce intends to instruct CBP to suspend, pursuant to these 
country-wide affirmative determinations of circumvention and the 
Orders,\22\ all unliquidated entries for which these requirements were 
not met and require the importer to post applicable AD and CVD cash 
deposits equal to the rates noted above.
---------------------------------------------------------------------------

    \22\ See Orders.
---------------------------------------------------------------------------

Administrative Protective Order

    This notice will serve as the only reminder to all parties subject 
to an administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
an APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    These determinations are issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.226(g)(2).

    Dated: August 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

                               Appendices
------------------------------------------------------------------------
           Appendix No.                        Appendix name
------------------------------------------------------------------------
I................................  List of Topics Discussed in the
                                    Issues and Decision Memoranda
II...............................  List of Companies to Which Commerce
                                    Applied AFA
III..............................  List of Companies Found Not To Be
                                    Circumventing
IV...............................  Certification for ``Applicable
                                    Entries''
V................................  Certification for Entries of Inquiry
                                    Merchandise From Companies Found Not
                                    To Be Circumventing
VI...............................  Certification Regarding Chinese
                                    Components
------------------------------------------------------------------------

Appendix I

List of Topics Discussed in the Issues and Decision Memoranda

Cambodia

I. Summary
II. Background
III. Merchandise Subject to the Scope Inquiry
IV. Scope of the Orders
V. Regulatory Framework for Scope Inquiry
VI. Interested Party Scope Comments
VII. Scope Determination
VIII. Scope of the Circumvention Inquiry
IX. Period of the Circumvention Inquiry

[[Page 57424]]

X. Changes Since the Preliminary Determination
XI. Discussion of the Issues
    Comment 1. Whether Solar Cells With a p/n Junction Formed 
Outside of China Should Be Subject to the Circumvention Inquiries
    Comment 2. Whether a Wafer Should Be Considered a Chinese Input 
Where Either the Wafer or the Polysilicon in the Wafer was Produced 
Outside of China
    Comment 3. Whether Commerce Should Analyze Investment Data on a 
Per-Unit Basis
    Comment 4. Whether to Depart from the Section 781(b)(2) ``Minor 
or Insignificant'' Methodology Applied in the Preliminary 
Determinations
    Comment 5. Whether the Nature of Third-Country Processing 
Indicates the Processing is Minor or Insignificant Under Section 
781(b)(2)(C) of the Act
    Comment 6. How to Value U.S. Imports of Solar Cells and Modules 
for Purposes of Section 781(b)(2)(E) of the Act
    Comment 7. Whether Material Costs Should be Included in the 
Value of Third-Country Processing
    Comment 8. Whether Commerce Should Rely on Surrogates To Value 
Chinese Inputs Consumed in the Inquiry Country
    Comment 9. Whether Commerce Should Apply AFA to NE Solar
    Comment 10. Whether NE Solar's Production Process Data Support a 
Negative Final Determination
    Comment 11. Whether To Include BYD HK's Tollers in Determining 
Whether the Process of Assembly or Completion is Minor or 
Insignificant
    Comment 12. Whether BYD HK's Process of Assembly in Cambodia is 
Minor or Insignificant Under Section 781(b)(1)(C) of the Act
    Comment 13. Whether the Factors Under 781(b)(3) of the Act 
Justify an Affirmative Final Determination
    Comment 14. Whether Commerce's Country-Wide Affirmative 
Circumvention Determination was Appropriate
    Comment 15. Affirmative Circumvention Determinations Would not 
be Appropriate Under Section 781(b)(1)(E) of the Act
    Comment 16. Whether Commerce Should Allow AFA Companies To 
Certify
    Comment 17. Certification Requirements and Corrections
    Comment 18. Whether Commerce Can Require Certifications for U.S. 
Entries of Merchandise Not Covered by the Orders
    Comment 19. Whether Exporters and Importers Should be Permitted 
To Submit Multiple Certifications, as Applicable
    Comment 20. Whether or Not Companies Found Not To Be 
Circumventing Should Be Required To Certify and To Identify Their 
Wafer Suppliers
    Comment 21. Whether Commerce Should Reconsider Certification 
Eligibility in Changed Circumstances Reviews
    Comment 22. Whether Cadmium Telluride Thin Film Solar Products 
are Covered by Affirmative Final Determinations or Related 
Certification Requirements
    Comment 23. Clarification and Enforcement of the Utilization 
Requirement
    Comment 24. Whether the ``Wafer-Plus-Three'' Requirement is 
Appropriate
    Comment 25. Whether Commerce Properly Placed Ex Parte Memoranda 
on the Record That Concerned the Circumvention Inquiries
    Comment 26. Whether Commerce's Determination To Apply 
Presidential Proclamation 10414 Retroactively is Contrary to Law
    Comment 27. Whether Third-Country Exporters Without an AD Rate 
Should Receive the Separate Rate
XII. Recommendation

Malaysia

I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
    Comment 1. Whether Solar Cells With a p/n Junction Formed 
Outside of China Should Be Subject to Circumvention Inquiries
    Comment 2. Whether a Wafer Should Be Considered a Chinese Input 
Where Either the Wafer or the Polysilicon in the Wafer was Produced 
Outside of China.
    Comment 3. Whether Commerce Should Analyze Investment Data on a 
Per-Unit Basis
    Comment 4. Whether To Depart From the Section 781(b)(2) ``Minor 
or Insignificant'' Methodology Applied in the Preliminary 
Determinations
    Comment 5. Whether the Nature of Third-Country Processing 
Indicates the Processing is Minor or Insignificant Under Section 
781(b)(2)(C) of the Act
    Comment 6. Whether Material Costs Should be Included in the 
Value of Third-Country Processing
    Comment 7. Whether Commerce Should Correct Certain Ministerial 
Errors and Minor Verification Corrections
    Comment 8. Whether Jinko's Cell and Module Manufacturing is 
Minor or Insignificant Under Section 781(b)(1)(C) of the Act
    Comment 9. Whether Hanwha's Cell and Module Manufacturing is 
Minor or Insignificant under Section 781(b)(1)(C) of the Act
    Comment 10. Whether Hanwha's Shipments of Chinese Inputs Weighs 
in Favor of Circumvention Under Section 781(b)(3)(C) of the Act
    Comment 11. Whether Commerce's Country-Wide Affirmative 
Circumvention Determination Was Appropriate
    Comment 12. Affirmative Circumvention Determinations Would Not 
Be Appropriate Under Section 781(b)(1)(E) of the Act
    Comment 13. Whether Commerce Should Allow AFA Companies To 
Certify
    Comment 14. Certification Requirements and Corrections
    Comment 15. Whether Commerce Can Require Certifications for U.S. 
Entries of Merchandise Not Covered by the Orders
    Comment 16. Whether Exporters and Importers Should be Permitted 
To Submit Multiple Certifications, as Applicable
    Comment 17. Whether or Not Companies Found Not To Be 
Circumventing Should be Required To Certify and To Identify Their 
Wafer Suppliers
    Comment 18. Whether Commerce Should Reconsider Certification 
Eligibility in Changed Circumstances Reviews
    Comment 19. Whether Cadmium Telluride Thin Film Solar Products 
are Covered by Affirmative Final Determinations or Related 
Certification Requirements
    Comment 20. Clarification and Enforcement of the Utilization 
Requirement
    Comment 21. Whether the ``Wafer-Plus-Three'' Requirement is 
Appropriate
    Comment 22. Whether Commerce Properly Placed Ex Parte Memoranda 
on the Record That Concerned the Circumvention Inquiries
    Comment 23. Whether Commerce's Determination to Apply 
Presidential Proclamation 10414 Retroactively is Contrary to Law
    Comment 24. Whether Third-Country Exporters Without an AD Rate 
Should Receive the Separate Rate
VIII. Recommendation

Thailand

I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
    Comment 1. Whether Solar Cells With a p/n Junction Formed 
Outside of China Should Be Subject to Circumvention Inquiries
    Comment 2. Whether a Wafer Should Be Considered a Chinese Input 
Where Either the Wafer or the Polysilicon in the Wafer was Produced 
Outside of China.
    Comment 3. Whether Commerce Should Analyze Investment Data on a 
Per-Unit Basis
    Comment 4. Whether To Depart from the Section 781(b)(2) ``Minor 
or Insignificant'' Methodology Applied in the Preliminary 
Determinations
    Comment 5. How to Value U.S. Imports of Solar Cells and Modules 
for Purposes of Section 781(b)(2)(E) of the Act
    Comment 6. Whether Material Costs Should Be Included in the 
Value of Third-Country Processing
    Comment 7. Whether Commerce Should Rely on Surrogates To Value 
Chinese Inputs Consumed in the Inquiry Country
    Comment 8. Whether Third Country Processing was Minor-General
    Comment 9. Whether the Factors Under 781(b)(3) of the Act 
Justify an Affirmative Final Determination
    Comment 10. Affirmative Circumvention Determinations Would Not 
Be

[[Page 57425]]

Appropriate Under Section 781(b)(1)(E) of the Act
    Comment 11. Whether Commerce Should Allow AFA Companies To 
Certify
    Comment 12. Certification Requirements and Corrections
    Comment 13. Whether Commerce Can Require Certifications for U.S. 
Entries of Merchandise Not Covered by the Orders
    Comment 14. Whether Exporters and Importers Should Be Permitted 
To Submit Multiple Certifications, as Applicable
    Comment 15. Whether or Not Companies Found Not To Be 
Circumventing Should be Required to Certify and to Identify Their 
Wafer Suppliers
    Comment 16. Whether Commerce Should Reconsider Certification 
Eligibility in Changed Circumstances Reviews
    Comment 17. Whether Cadmium Telluride Thin Film Solar Products 
are Covered by Affirmative Final Determinations or Related 
Certification Requirements
    Comment 18. Clarification and Enforcement of the Utilization 
Requirement
    Comment 19. Whether the ``Wafer-Plus-Three'' Requirement is 
Appropriate
    Comment 20. Whether Commerce Properly Placed Ex Parte Memoranda 
on the Record That Concerned the Circumvention Proceedings
    Comment 21. Whether Commerce's Determination To Apply 
Presidential Proclamation 10414 Retroactively is Contrary to Law
    Comment 22. Whether Third-Country Exporters Without an AD Rate 
Should Receive the Separate Rate
VIII. Recommendation

Vietnam

I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
    Comment 1. Whether Solar Cells With a p/n Junction Formed 
Outside of China Should Be Subject to Circumvention Inquiries
    Comment 2. Whether a Wafer Should Be Considered a Chinese Input 
Where Either the Wafer or the Polysilicon in the Wafer was Produced 
Outside of China.
    Comment 3. Whether Commerce Should Analyze Investment Data on a 
Per-Unit Basis
    Comment 4. Whether To Depart From the Section 781(b)(2) ``Minor 
or Insignificant'' Methodology Applied in the Preliminary 
Determinations
    Comment 5. How To Value U.S. Imports of Solar Cells and Modules 
for Purposes of Section 781(b)(2)(E) of the Act
    Comment 6. Whether Material Costs Should Be Included in the 
Value of Third-Country Processing
    Comment 7. Whether Third Country Processing was Minor-General
    Comment 8. Whether VSUN Is Eligible to Participate in the 
Certification Program
    Comment 9. Whether Commerce's Rejection of Red Sun Q&V 
Submission was Proper
    Comment 10. Whether Commerce Should Base Surrogate Financial 
Ratios on Websol Energy's Financial Statements
    Comment 11. Whether Commerce's Country-Wide Affirmative 
Circumvention Determination Appropriate
    Comment 12. Affirmative Circumvention Determinations Would not 
Be Appropriate Under Section 781(b)(1)(E) of the Act
    Comment 13. Whether Commerce Should Allow AFA Companies to 
Certify
    Comment 14. Whether Commerce Should Allow Vina's Affiliates to 
Certify
    Comment 15. Certification Requirements and Corrections
    Comment 16. Whether Commerce Can Require Certifications for U.S. 
Entries of Merchandise Not Covered by the Orders
    Comment 17. Whether Exporters and Importers Should be Permitted 
to Submit Multiple Certifications, as Applicable
    Comment 18. Whether or Not Companies Found Not to Be 
Circumventing Should be Required to Certify and to Identify Their 
Wafer Suppliers
    Comment 19. Whether Commerce Should Reconsider Certification 
Eligibility in Changed Circumstances Reviews
    Comment 20. Whether Cadmium Telluride Thin Film Solar Products 
are Covered by Affirmative Final Determinations or Related 
Certification Requirements
    Comment 21. Clarification and Enforcement of the Utilization 
Requirement
    Comment 22. Whether the ``Wafer-Plus-Three'' Requirement is 
Appropriate
    Comment 23. Whether Commerce Properly Placed Ex Parte Memoranda 
on the Record That Concerned the Circumvention Proceedings
    Comment 24. Whether Commerce's Determination To Apply 
Presidential Proclamation 10414 Retroactively is Contrary to Law
    Comment 25. Whether Third-Country Exporters Without an AD Rate 
Should Receive the Separate Rate
VIII. Recommendation

Appendix II--List of Companies to Which Commerce Applied AFA

Cambodia

1. New East Solar Energy (Cambodia) Co., Ltd.

Malaysia

1. AMC Cincaria Sdn Bhd
2. Flextronic Shah Alam Sdn. Bhd.
3. Funing Precision Component Co., Ltd.
4. Samsung Sds Malaysia Sdn. Bhd.
5. Vina Solar Technology Co., Ltd.

Thailand

1. Celestica (Thailand) Limited
2. Green Solar Thailand Co., Ltd.
3. Lightup Creation CO., Ltd.
4. Thai Master Frame Co., Ltd.
5. Three Arrows (Thailand) Co., Ltd.
6. Yuan Feng New Energy
7. Solar PPM.
8. Sunshine Electrical Energy Co., Ltd.

Vietnam

1. Cong Ty Co Phan Cong Nghe Nang (Global Energy)
2. GCL System Integration Technology
3. Green Wing Solar Technology Co., Ltd.
4. HT Solar Vietnam Limited Company
5. Irex Energy Joint Stock Company
6. S-Solar Viet Nam Company Limited
7. Venergy Solar Industry Company
8. Red Sun Energy Co., Ltd.
9. Vina Solar Technology Co., Ltd.

Appendix III--List of Companies Found Not To Be Circumventing

Malaysia

1. Hanwha Q CELLS Malaysia Sdn. Bhd.
2. Jinko Solar Technology Sdn. Bhd./Jinko Solar (Malaysia) Sdn. Bhd.

Vietnam

1. Boviet Solar Technology Co., Ltd.

Appendix IV

Certification for ``Applicable Entries'' Under 19 CFR Part 362 Importer 
Certification

    I hereby certify that:
    (A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I 
am an official of {NAME OF IMPORTING COMPANY{time} , located at 
{ADDRESS OF IMPORTING COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding 
importation of the solar cells and solar modules produced in {SELECT 
ONE OF THE FOLLOWING COUNTRIES: KINGDOM OF CAMBODIA, MALAYSIA, THE 
KINGDOM OF THAILAND, OR THE SOCIALIST REPUBLIC OF VIETNAM {time}  
that were entered into the Customs territory of the United States 
under the entry summary number(s) identified below which are covered 
by this certification. ``Direct personal knowledge'' refers to the 
facts the certifying party is expected to have in its own records. 
For example, the importer should have direct personal knowledge of 
the exporter and/or seller's identity and location.
    (C) If the importer is acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    The solar cells and/or solar modules covered by this 
certification were imported by {NAME OF IMPORTING COMPANY{time}  on 
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. 
CUSTOMER{time} .
    If the importer is not acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    {NAME OF IMPORTING COMPANY{time}  is not acting on behalf of the 
first U.S. customer.
    (D) The solar cells and/or solar modules covered by this 
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO 
WHOM THE MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. 
ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} .
    (E) I have personal knowledge of the facts regarding the 
production and exportation of the solar cells and modules identified 
below. ``Personal knowledge'' includes facts obtained from another 
party, (e.g.,

[[Page 57426]]

correspondence received by the importer (or exporter) from the 
producer of the imported products regarding production).
    (F) The imported solar cells and/or solar modules covered by 
this certification:
    1. Were produced in {SELECT ONE OF THE FOLLOWING COUNTRIES: 
KINGDOM OF CAMBODIA, MALAYSIA, THE KINGDOM OF THAILAND, OR THE 
SOCIALIST REPUBLIC OF VIETNAM{time}  using parts and components 
manufactured in the People's Republic of China;
    2. Were exported to the United States from {SELECT ONE OF THE 
FOLLOWING COUNTRIES: KINGDOM OF CAMBODIA, MALAYSIA, THE KINGDOM OF 
THAILAND, OR THE SOCIALIST REPUBLIC OF VIETNAM{time}  without 
further assembly in another country;
    3. Absent the affirmative determination of circumvention, are 
not covered by the antidumping duty or countervailing duty orders on 
crystalline silicon photovoltaic cells, whether or not assembled 
into modules, from the People's Republic of China;
    4. Are not covered by the antidumping duty order on certain 
crystalline silicon photovoltaic products from Taiwan;
    5. Were entered into the United States, or were withdrawn from 
warehouse, for consumption before 06/06/2024, or before the date the 
emergency described in Presidential Proclamation 10414 is 
terminated, whichever occurs first; and
    6. If entered, or withdrawn from warehouse, after November 15, 
2022, the solar cells and/or solar modules will be utilized in the 
United States by no later than 180 days after the earlier of 06/06/
2024, or the date the emergency described in Presidential 
Proclamation 10414 is terminated. Utilized means the solar cells or 
solar modules will be used or installed in the United States. Solar 
cells or solar modules which remain in inventory or in a warehouse 
in the United States, are resold to another party, are subsequently 
exported, or are destroyed after importation are not considered 
utilized.
    (G) This certification applies to the following entries (repeat 
this block as many times as necessary):

Entry Summary #:
Applicable Line Item # of the Entry Summary:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Applicable Line Item # on the Foreign Seller's Invoice:
Producer:
Producer's Address:

    (H) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, product specification sheets, 
production records, invoices, etc.) until the later of: (1) the date 
that is five years after the latest entry date of the entries 
covered by the certification; or (2) the date that is three years 
after the conclusion of any litigation in United States courts 
regarding such entries.
    (I) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of the exporter's certification 
(attesting to information regarding the production and/or 
exportation of the imported merchandise identified above), and any 
supporting documentation provided to the importer by the exporter, 
until the later of: (1) the date that is five years after the latest 
entry date of the entries covered by the certification; or (2) the 
date that is three years after the conclusion of any litigation in 
United States courts regarding such entries.
    (J) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to provide U.S. Customs and Border Protection (CBP) and/or 
the U.S. Department of Commerce (Commerce) with the importer 
certification, and any supporting documentation, and a copy of the 
exporter's certification, and any supporting documentation provided 
to the importer by the exporter, upon the request of either agency.
    (K) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (L) I understand that failure to maintain the required 
certifications and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all entries to which this certification applies 
are not ``Applicable Entries.'' I understand that such a finding may 
result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping duty 
and countervailing duty cash deposits determined by Commerce; and
    (iii) the importer no longer being allowed to participate in the 
certification process.
    (M) I understand that agents of the importer, such as brokers, 
are not permitted to make this certification.
    (N) This certification was completed and signed on, or prior to, 
the date of the entry summary if the entry date is more than 14 days 
after the date of publication of the notice of Commerce's 
preliminary determination of circumvention in the Federal Register. 
If the entry date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register, this certification was 
completed and signed by no later than 45 days after publication of 
the notice of Commerce's preliminary determination of circumvention 
in the Federal Register.
    (O) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.

Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 
Date-------------------------------------------------------------------

Exporter Certification

    The party that made the sale to the United States should fill 
out the exporter certification.
    I hereby certify that:
    (A) My name is {COMPANY OFFICIAL'S NAME{time}  and I am an 
official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE 
UNITED STATES{time} , located at {ADDRESS OF FOREIGN COMPANY THAT 
MADE THE SALE TO THE UNITED STATES{time} ;
    (B) I have direct personal knowledge of the facts regarding the 
production and exportation of the solar cells and solar modules for 
which sales are identified below. ``Direct personal knowledge'' 
refers to facts the certifying party is expected to have in its own 
records. For example, an exporter should have direct personal 
knowledge of the producer's identity and location.
    (C) The solar cells and/or solar modules covered by this 
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO 
WHOM MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS 
TO WHICH MERCHANDISE WAS SHIPPED{time} .
    (D) The solar cells and/or solar modules covered by this 
certification:
    1. Were produced in {SELECT ONE OF THE FOLLOWING COUNTRIES: 
KINGDOM OF CAMBODIA, MALAYSIA, THE KINGDOM OF THAILAND, OR THE 
SOCIALIST REPUBLIC OF VIETNAM{time}  using parts and components 
manufactured in the People's Republic of China;
    2. Were exported to the United States from {SELECT ONE OF THE 
FOLLOWING COUNTRIES: KINGDOM OF CAMBODIA, MALAYSIA, THE KINGDOM OF 
THAILAND, OR THE SOCIALIST REPUBLIC OF VIETNAM{time}  without 
further assembly in another country;
    3. Absent the affirmative determination of circumvention, are 
not covered by the antidumping duty or countervailing duty orders on 
crystalline silicon photovoltaic cells, whether or not assembled 
into modules, from the People's Republic of China; and
    4. Are not covered by the antidumping duty order on certain 
crystalline silicon photovoltaic products from Taiwan.
    (E) This certification applies to the following sales to {NAME 
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}  
(repeat this block as many times as necessary):

# of the Foreign Seller's Invoice to the U.S. Customer:
Applicable Line Item # of the Foreign Seller's Invoice to the U.S. 
Customer:
Producer Name:
Producer's Address:
Invoice # of the Producer's Invoice to the Foreign Seller (if the 
foreign seller and the producer are the same party, report ``NA'' 
here):

    (F) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE 
SALE TO THE UNITED STATES{time}  is required to maintain a copy of 
this certification and sufficient documentation supporting this 
certification (i.e., documents maintained in

[[Page 57427]]

the normal course of business, or documents obtained by the 
certifying party, for example, product specification sheets, 
customer specification sheets, production records, invoices, etc.) 
until the later of: (1) the date that is five years after the latest 
entry date of the entries covered by the certification; or (2) the 
date that is three years after the conclusion of any litigation in 
United States courts regarding such entries.
    (G) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE 
SALE TO THE UNITED STATES{time}  is required to provide the U.S. 
importer with a copy of this certification and is required to 
provide U.S. Customs and Border Protection (CBP) and/or the U.S. 
Department of Commerce (Commerce) with a copy of this certification, 
and any supporting documents, upon the request of either agency.
    (H) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (I) I understand that failure to maintain the required 
certification and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all sales to which this certification applies are 
sales of merchandise that was not entered into the United States in 
``Applicable Entries.'' I understand that such a finding may result 
in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping and 
countervailing duty cash deposits determined by Commerce; and
    (iii) the seller/exporter no longer being allowed to participate 
in the certification process.
    (J) I understand that agents of the seller/exporter, such as 
freight forwarding companies or brokers, are not permitted to make 
this certification.
    (K) This certification was completed and signed, and a copy of 
the certification was provided to the importer, on, or prior to, the 
date of shipment if the shipment date is more than 14 days after the 
date of publication of the notice of Commerce's preliminary 
determination of circumvention in the Federal Register. If the 
shipment date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register, this certification was 
completed and signed, and a copy of the certification was provided 
to the importer, by no later than 45 days after publication of the 
notice of Commerce's preliminary determination of circumvention in 
the Federal Register.
    (L) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.

Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 
Date-------------------------------------------------------------------

Appendix V

Certification for Entries of Inquiry Merchandise From Companies Found 
Not To Be Circumventing

    Company Name: Boviet Solar Technology Co., Ltd.

Importer Certification

    I hereby certify that:
    (A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I 
am an official of {NAME OF IMPORTING COMPANY{time} , located at 
{ADDRESS OF IMPORTING COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding 
importation of the solar cells and solar modules produced in Vietnam 
that were entered into the Customs territory of the United States 
under the entry summary number(s) identified below which are covered 
by this certification. ``Direct personal knowledge'' refers to the 
facts the certifying party is expected to have in its own records. 
For example, the importer should have direct personal knowledge of 
the exporter and/or seller's identity and location.
    (C) If the importer is acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    The solar cells and/or solar modules covered by this 
certification were imported by {NAME OF IMPORTING COMPANY{time}  on 
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. 
CUSTOMER{time} .
    If the importer is not acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    {NAME OF IMPORTING COMPANY{time}  is not acting on behalf of the 
first U.S. customer.
    (D) The solar cells and/or solar modules covered by this 
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO 
WHOM THE MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. 
ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} .
    (E) I have personal knowledge of the facts regarding the 
production and exportation of the solar cells and modules identified 
below. ``Personal knowledge'' includes facts obtained from another 
party, (e.g., correspondence received by the importer (or exporter) 
from the producer of the imported products regarding production).
    (F) The solar cells and/or solar modules covered by this 
certification were:
    1. Sold to the United States by Boviet Solar Technology Co., 
Ltd.
    2. Exported to the United States by Boviet Solar Technology Co., 
Ltd.
    3. Produced in Vietnam by Boviet Solar Technology Co., Ltd., 
using wafers manufactured in the People's Republic of China that 
were exported to Vietnam by Ningbo Kyanite International Trade Co., 
Ltd.
    (G) The U.S. Department of Commerce (Commerce) found that solar 
cells and/or solar modules produced by Boviet Solar Technology Co., 
Ltd., using wafers manufactured in China that were exported by the 
wafer supplier listed in item F above, and exported by Boviet Solar 
Technology Co., Ltd. are not circumventing the antidumping duty and 
countervailing duty orders on crystalline silicon photovoltaic 
cells, whether or not assembled into modules, from the People's 
Republic of China.
    (H) This certification applies to the following entries (repeat 
this block as many times as necessary):

Entry Summary #:
Applicable Line Item # of the Entry Summary:
Foreign Seller's Invoice #:
Applicable Line Item # on the Foreign Seller's Invoice:

    (I) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, product specification sheets, 
production records, invoices, etc.) until the later of: (1) the date 
that is five years after the latest entry date of the entries 
covered by the certification; or (2) the date that is three years 
after the conclusion of any litigation in United States courts 
regarding such entries.
    (J) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of the exporter's certification 
(attesting to information regarding the production and/or 
exportation of the imported merchandise identified above), and any 
supporting documentation provided to the importer by the exporter, 
until the later of: (1) the date that is five years after the latest 
entry date of the entries covered by the certification; or (2) the 
date that is three years after the conclusion of any litigation in 
United States courts regarding such entries.
    (K) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to provide U.S. Customs and Border Protection (CBP) and/or 
Commerce with the importer certification, and any supporting 
documentation, and a copy of the exporter's certification, and any 
supporting documentation provided to the importer by the exporter, 
upon the request of either agency.
    (L) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (M) I understand that failure to maintain the required 
certifications and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all entries to which this certification applies 
are entries of merchandise that is covered by the scope of the 
antidumping and countervailing duty orders on solar cells and solar 
modules from China. I understand that such a finding will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping duty 
and countervailing duty cash deposits determined by Commerce; and
    (iii) the importer no longer being allowed to participate in the 
certification process.

[[Page 57428]]

    (N) I understand that agents of the importer, such as brokers, 
are not permitted to make this certification.
    (O) This certification was completed and signed on, or prior to, 
the date of the entry summary if the entry date is more than 14 days 
after the date of publication of the notice of Commerce's 
preliminary determination of circumvention in the Federal Register. 
If the entry date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register, this certification was 
completed and signed by no later than 45 days after publication of 
the notice of Commerce's preliminary determination of circumvention 
in the Federal Register.
    (P) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.

Signature--------------------------------------------------------------
NAME OF COMPANY OFFICIAL
TITLE OF COMPANY OFFICIAL
Date-------------------------------------------------------------------

Exporter Certification

Certification for Entries of Inquiry Merchandise From Companies Found 
Not To Be Circumventing

    Company Name: Boviet Solar Technology Co., Ltd.
    The party that made the sale to the United States should fill 
out the exporter certification.
    I hereby certify that:
    (A) My name is {COMPANY OFFICIAL'S NAME{time}  and I am an 
official of Boviet Solar Technology Co., Ltd., located at B5, B6, 
Song Khe Industrial Zone, Noi Hoang District Bac Giang Province, 
Vietnam;
    (B) I have direct personal knowledge of the facts regarding the 
production and exportation of the solar cells and solar modules for 
which sales are identified below. ``Direct personal knowledge'' 
refers to facts the certifying party is expected to have in its own 
records. For example, an exporter should have direct personal 
knowledge of the producer's identity and location.
    (C) The solar cells and/or solar modules covered by this 
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO 
WHOM MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS 
TO WHICH MERCHANDISE WAS SHIPPED{time} .
    (D) The solar cells and/or solar modules covered by this 
certification were:
    1. Sold to the United States by Boviet Solar Technology Co., 
Ltd.
    2. Exported to the United States by Boviet Solar Technology Co., 
Ltd.
    3. Produced in Vietnam by Boviet Solar Technology Co., Ltd. 
using wafers manufactured in the People's Republic of China (China) 
that were exported to Vietnam by Ningbo Kyanite International Trade 
Co., Ltd.
    (E) The U.S. Department of Commerce (Commerce) found that solar 
cells and/or solar modules produced by Boviet Solar Technology Co., 
Ltd., using wafers manufactured in China that were exported by the 
wafer supplier listed in item D above, and exported by Boviet Solar 
Technology Co., Ltd. are not circumventing the antidumping duty and 
countervailing duty orders on crystalline silicon photovoltaic 
cells, whether or not assembled into modules, from the People's 
Republic of China.
    (F) This certification applies to the following sales to {NAME 
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}  
(repeat this block as many times as necessary):
    # of the Foreign Seller's Invoice to the U.S. Customer: 
Applicable Line Item # of the Foreign Seller's Invoice to the U.S. 
Customer:
    (G) I understand that Boviet Solar Technology Co., Ltd. is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, product specification sheets, 
customer specification sheets, production records, invoices, etc.) 
until the later of: (1) the date that is five years after the latest 
entry date of the entries covered by the certification; or (2) the 
date that is three years after the conclusion of any litigation in 
United States courts regarding such entries.
    (H) I understand that Boviet Solar Technology Co., Ltd. is 
required to provide the U.S. importer with a copy of this 
certification and is required to provide U.S. Customs and Border 
Protection (CBP) and/or Commerce with a copy of this certification, 
and any supporting documents, upon the request of either agency.
    (I) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (J) I understand that failure to maintain the required 
certification and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all sales to which this certification applies are 
sales of merchandise that is covered by the scope of the antidumping 
and countervailing duty orders on solar cells and solar modules from 
China. I understand that such a finding will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping and 
countervailing duty cash deposits determined by Commerce; and
    (iii) the seller/exporter no longer being allowed to participate 
in the certification process.
    (K) I understand that agents of the exporter, such as freight 
forwarding companies or brokers, are not permitted to make this 
certification.
    (L) This certification was completed and signed, and a copy of 
the certification was provided to the importer, on, or prior to, the 
date of shipment if the shipment date is more than 14 days after the 
date of publication of the notice of Commerce's preliminary 
determination of circumvention in the Federal Register. If the 
shipment date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register, this certification was 
completed and signed, and a copy of the certification was provided 
to the importer, by no later than 45 days after publication of the 
notice of Commerce's preliminary determination of circumvention in 
the Federal Register.
    (M) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.
Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 
Date-------------------------------------------------------------------

Certification for Entries of Inquiry Merchandise From Companies Found 
Not To Be Circumventing

    Company Name: Hanwha Q CELLS Malaysia Sdn. Bhd.

Importer Certification

    I hereby certify that:
    (A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I 
am an official of {NAME OF IMPORTING COMPANY{time} , located at 
{ADDRESS OF IMPORTING COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding 
importation of the solar cells and solar modules produced in 
Malaysia that were entered into the Customs territory of the United 
States under the entry summary number(s) identified below which are 
covered by this certification. ``Direct personal knowledge'' refers 
to the facts the certifying party is expected to have in its own 
records. For example, the importer should have direct personal 
knowledge of the exporter and/or seller's identity and location.
    (C) If the importer is acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    The solar cells and/or solar modules covered by this 
certification were imported by {NAME OF IMPORTING COMPANY{time}  on 
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. 
CUSTOMER{time} .
    If the importer is not acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    {NAME OF IMPORTING COMPANY{time}  is not acting on behalf of the 
first U.S. customer.
    (D) The solar cells and/or solar modules covered by this 
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO 
WHOM THE MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. 
ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} .
    (E) I have personal knowledge of the facts regarding the 
production and exportation of the solar cells and modules identified 
below. ``Personal knowledge'' includes facts obtained from another 
party, (e.g., correspondence received by the importer (or exporter) 
from the producer of the imported products regarding production).
    (F) The solar cells and/or solar modules covered by this 
certification were:

[[Page 57429]]

    1. Sold to the United States by Hanwha Q CELLS Malaysia Sdn. 
Bhd.
    2. Exported to the United States by Hanwha Q CELLS Malaysia Sdn. 
Bhd.
    3. Produced in Malaysia by Hanwha Q CELLS Malaysia Sdn. Bhd., 
using wafers manufactured in the People's Republic of China that 
were exported to Malaysia by: {CHECK THE RELEVANT WAFER EXPORTERS 
BELOW{time}  (we have afforded business proprietary information 
(BPI) treatment to the names of the wafer exporters; for a table of 
the names of the wafer exporters, which must be included as part of 
this paragraph in the certificate submitted to CBP--please refer to 
the proprietary version of this certification on ACCESS).
    (G) The U.S. Department of Commerce (Commerce) found that solar 
cells and/or solar modules produced by Hanwha Q CELLS Malaysia Sdn. 
Bhd., using wafers manufactured in China that were exported by the 
wafer supplier(s) listed in item F above, and exported by Hanwha Q 
CELLS Malaysia Sdn. Bhd. are not circumventing the antidumping duty 
and countervailing duty orders on crystalline silicon photovoltaic 
cells, whether or not assembled into modules, from the People's 
Republic of China.
    (H) This certification applies to the following entries (repeat 
this block as many times as necessary):

Entry Summary #:
Applicable Line Item # of the Entry Summary:
Foreign Seller's Invoice #:
Applicable Line Item # on the Foreign Seller's Invoice:

    (I) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, product specification sheets, 
production records, invoices, etc.) until the later of: (1) the date 
that is five years after the latest entry date of the entries 
covered by the certification; or (2) the date that is three years 
after the conclusion of any litigation in United States courts 
regarding such entries.
    (J) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of the exporter's certification 
(attesting to information regarding the production and/or 
exportation of the imported merchandise identified above), and any 
supporting documentation provided to the importer by the exporter, 
until the later of: (1) the date that is five years after the latest 
entry date of the entries covered by the certification; or (2) the 
date that is three years after the conclusion of any litigation in 
United States courts regarding such entries.
    (K) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to provide U.S. Customs and Border Protection (CBP) and/or 
Commerce with the importer certification, and any supporting 
documentation, and a copy of the exporter's certification, and any 
supporting documentation provided to the importer by the exporter, 
upon the request of either agency.
    (L) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (M) I understand that failure to maintain the required 
certifications and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all entries to which this certification applies 
are entries of merchandise that is covered by the scope of the 
antidumping and countervailing duty orders on solar cells and solar 
modules from China. I understand that such a finding will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping duty 
and countervailing duty cash deposits determined by Commerce; and
    (iii) the importer no longer being allowed to participate in the 
certification process.
    (N) I understand that agents of the importer, such as brokers, 
are not permitted to make this certification.
    (O) This certification was completed and signed on, or prior to, 
the date of the entry summary if the entry date is more than 14 days 
after the date of publication of the notice of Commerce's 
preliminary determination of circumvention in the Federal Register. 
If the entry date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register, this certification was 
completed and signed by no later than 45 days after publication of 
the notice of Commerce's preliminary determination of circumvention 
in the Federal Register.
    (P) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.
Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 
Date-------------------------------------------------------------------

Exporter Certification

Certification for Entries of Inquiry Merchandise From Companies Found 
Not To Be Circumventing

    Company Name: Hanwha Q CELLS Malaysia Sdn. Bhd.
    The party that made the sale to the United States should fill 
out the exporter certification.
    I hereby certify that:
    (A) My name is {COMPANY OFFICIAL'S NAME{time}  and I am an 
official of {NAME OF COMPANY{time} , located at {ADDRESS OF 
COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding the 
production and exportation of the solar cells and solar modules for 
which sales are identified below. ``Direct personal knowledge'' 
refers to facts the certifying party is expected to have in its own 
records. For example, an exporter should have direct personal 
knowledge of the producer's identity and location.
    (C) The solar cells and/or solar modules covered by this 
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO 
WHOM MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS 
TO WHICH MERCHANDISE WAS SHIPPED{time} .
    (D) The solar cells and/or solar modules covered by this 
certification were:
    1. Sold to the United States by Hanwha Q CELLS Malaysia Sdn. 
Bhd.
    2. Exported to the United States by Hanwha Q CELLS Malaysia Sdn. 
Bhd.
    3. Produced in Malaysia by Hanwha Q CELLS Malaysia Sdn. Bhd. 
using wafers manufactured in the People's Republic of China (China) 
that were exported to Malaysia by: {CHECK THE RELEVANT WAFER 
EXPORTERS BELOW{time}  (we have afforded business proprietary 
information (BPI) treatment to the names of the wafer exporters; for 
a table of the names of the wafer exporters, which must be included 
as part of this paragraph in the certificate submitted to CBP--
please refer to the proprietary version of this certification on 
ACCESS).
    (E) The U.S. Department of Commerce (Commerce) found that solar 
cells and/or solar modules produced by Hanwha Q CELLS Malaysia Sdn. 
Bhd., using wafers manufactured in China that were exported by the 
wafer supplier(s) listed in item D above, and exported by Hanwha Q 
CELLS Malaysia Sdn. Bhd. are not circumventing the antidumping duty 
and countervailing duty orders on crystalline silicon photovoltaic 
cells, whether or not assembled into modules, from the People's 
Republic of China.
    (F) This certification applies to the following sales to {NAME 
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}  
(repeat this block as many times as necessary):

# of the Foreign Seller's Invoice to the U.S. Customer:
Applicable Line Item # of the Foreign Seller's Invoice to the U.S. 
Customer:

    (G) I understand that Hanwha Q CELLS Malaysia Sdn. Bhd. is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, product specification sheets, 
customer specification sheets, production records, invoices, etc.) 
until the later of: (1) the date that is five years after the latest 
entry date of the entries covered by the certification; or (2) the 
date that is three years after the conclusion of any litigation in 
United States courts regarding such entries.
    (H) I understand that Hanwha Q CELLS Malaysia Sdn. Bhd. is 
required to provide the U.S. importer with a copy of this 
certification and is required to provide U.S. Customs and Border 
Protection (CBP) and/or Commerce with a copy of this certification, 
and any supporting documents, upon the request of either agency.
    (I) I understand that the claims made herein, and the 
substantiating

[[Page 57430]]

documentation, are subject to verification by CBP and/or Commerce.
    (J) I understand that failure to maintain the required 
certification and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all sales to which this certification applies are 
sales of merchandise that is covered by the scope of the antidumping 
and countervailing duty orders on solar cells and solar modules from 
China. I understand that such a finding will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping and 
countervailing duty cash deposits determined by Commerce; and
    (iii) the seller/exporter no longer being allowed to participate 
in the certification process.
    (K) I understand that agents of the exporter, such as freight 
forwarding companies or brokers, are not permitted to make this 
certification.
    (L) This certification was completed and signed, and a copy of 
the certification was provided to the importer, on, or prior to, the 
date of shipment if the shipment date is more than 14 days after the 
date of publication of the notice of Commerce's preliminary 
determination of circumvention in the Federal Register. If the 
shipment date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register, this certification was 
completed and signed, and a copy of the certification was provided 
to the importer, by no later than 45 days after publication of the 
notice of Commerce's preliminary determination of circumvention in 
the Federal Register.
    (M) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.
Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 
Date-------------------------------------------------------------------

Certification for Entries of Inquiry Merchandise From Companies Found 
Not To Be Circumventing

    Company Name: Jinko Solar Technology Sdn. Bhd.; and Jinko Solar 
(Malaysia) Sdn. Bhd.

Importer Certification

    I hereby certify that:
    (A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I 
am an official of {NAME OF IMPORTING COMPANY{time} , located at 
{ADDRESS OF IMPORTING COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding 
importation of the solar cells and solar modules produced in 
Malaysia that were entered into the Customs territory of the United 
States under the entry summary number(s) identified below which are 
covered by this certification. ``Direct personal knowledge'' refers 
to the facts the certifying party is expected to have in its own 
records. For example, the importer should have direct personal 
knowledge of the exporter and/or seller's identity and location.
    (C) If the importer is acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    The solar cells and/or solar modules covered by this 
certification were imported by {NAME OF IMPORTING COMPANY{time}  on 
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. 
CUSTOMER{time} .
    If the importer is not acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    {NAME OF IMPORTING COMPANY{time}  is not acting on behalf of the 
first U.S. customer.
    (D) The solar cells and/or solar modules covered by this 
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO 
WHOM THE MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. 
ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} .
    (E) I have personal knowledge of the facts regarding the 
production and exportation of the solar cells and modules identified 
below. ``Personal knowledge'' includes facts obtained from another 
party, (e.g., correspondence received by the importer (or exporter) 
from the producer of the imported products regarding production).
    (F) The solar cells and/or solar modules covered by this 
certification were:
    1. Sold to the United States by Jinko Solar Technology Sdn. Bhd. 
or Jinko Solar (Malaysia) Sdn. Bhd.
    2. Exported to the United States by Jinko Solar Technology Sdn. 
Bhd. or Jinko Solar (Malaysia) Sdn. Bhd.
    3. Produced in Malaysia by Jinko Solar Technology Sdn. Bhd. or 
Jinko Solar (Malaysia) Sdn. Bhd.{time} , using wafers manufactured 
in the People's Republic of China that were exported to Malaysia by: 
{CHECK THE RELEVANT WAFER EXPORTERS BELOW{time} 

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Jinko Solar Co., Ltd.........................
Jinko Solar Import and Export Co., Ltd.......
Jinko Solar (Chuzhou) Co., Ltd...............
Jinko Solar (Shangrao) Co., Ltd..............
Yuhuan Jinko Solar Co., Ltd..................
JINKOSOLAR MIDDLE EAST DMCC..................
------------------------------------------------------------------------

    (G) The U.S. Department of Commerce (Commerce) found that solar 
cells and/or solar modules produced by Jinko Solar Technology Sdn. 
Bhd. or Jinko Solar (Malaysia) Sdn. Bhd., using wafers manufactured 
in China that were exported by the wafer supplier(s) identified in 
item F above, and exported by Jinko Solar Technology Sdn. Bhd. or 
Jinko Solar (Malaysia) Sdn. Bhd. are not circumventing the 
antidumping duty and countervailing duty orders on crystalline 
silicon photovoltaic cells, whether or not assembled into modules, 
from the People's Republic of China.
    (H) This certification applies to the following entries (repeat 
this block as many times as necessary):

Entry Summary #:
Applicable Line Item # of the Entry Summary:
Foreign Seller's Invoice #:
Applicable Line Item # on the Foreign Seller's Invoice:

    (I) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, product specification sheets, 
production records, invoices, etc.) until the later of: (1) the date 
that is five years after the latest entry date of the entries 
covered by the certification; or (2) the date that is three years 
after the conclusion of any litigation in United States courts 
regarding such entries.
    (J) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of the exporter's certification 
(attesting to information regarding the production and/or 
exportation of the imported merchandise identified above), and any 
supporting documentation provided to the importer by the exporter, 
until the later of: (1) the date that is five years after the latest 
entry date of the entries covered by the certification; or (2) the 
date that is three years after the conclusion of any litigation in 
United States courts regarding such entries.
    (K) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to provide U.S. Customs and Border Protection (CBP) and/or 
Commerce with the importer certification, and any supporting 
documentation, and a copy of the exporter's certification, and any 
supporting documentation provided to the importer by the exporter, 
upon the request of either agency.
    (L) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (M) I understand that failure to maintain the required 
certifications and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all entries to which this certification applies 
are entries of merchandise that is covered by the scope of the 
antidumping and countervailing duty orders on solar cells and solar 
modules from China. I understand that such a finding will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping duty 
and countervailing duty cash deposits determined by Commerce; and
    (iii) the importer no longer being allowed to participate in the 
certification process.
    (N) I understand that agents of the importer, such as brokers, 
are not permitted to make this certification.
    (O) This certification was completed and signed on, or prior to, 
the date of the entry summary if the entry date is more than 14 days 
after the date of publication of the

[[Page 57431]]

notice of Commerce's preliminary determination of circumvention in 
the Federal Register. If the entry date is on or before the 14th day 
after the date of publication of the notice of Commerce's 
preliminary determination of circumvention in the Federal Register, 
this certification was completed and signed by no later than 45 days 
after publication of the notice of Commerce's preliminary 
determination of circumvention in the Federal Register.
    (P) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.
Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 
Date-------------------------------------------------------------------

Exporter Certification

Certification for Entries of Inquiry Merchandise From Companies Found 
Not To Be Circumventing

    Company Name: Jinko Solar Technology Sdn. Bhd.; and Jinko Solar 
(Malaysia) Sdn. Bhd.
    The party that made the sale to the United States should fill 
out the exporter certification.
    I hereby certify that:
    (A) My name is {COMPANY OFFICIAL'S NAME{time}  and I am an 
official of {NAME OF COMPANY{time} , located at {ADDRESS OF 
COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding the 
production and exportation of the solar cells and solar modules for 
which sales are identified below. ``Direct personal knowledge'' 
refers to facts the certifying party is expected to have in its own 
records. For example, an exporter should have direct personal 
knowledge of the producer's identity and location.
    (C) The solar cells and/or solar modules covered by this 
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO 
WHOM MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS 
TO WHICH MERCHANDISE WAS SHIPPED{time} .
    (D) The solar cells and/or solar modules covered by this 
certification were:
    1. Sold to the United States by Jinko Solar Technology Sdn. Bhd. 
or Jinko Solar (Malaysia) Sdn. Bhd.
    2. Exported to the United States by Jinko Solar Technology Sdn. 
Bhd. or Jinko Solar (Malaysia) Sdn. Bhd.
    3. Produced in Malaysia by Jinko Solar Technology Sdn. Bhd. or 
Jinko Solar (Malaysia) Sdn. Bhd. using wafers manufactured in the 
People's Republic of China (China) that were exported to Malaysia 
by: {CHECK THE RELEVANT WAFER EXPORTERS BELOW{time} 

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Jinko Solar Co., Ltd......................
Jinko Solar Import and Export Co., Ltd....
Jinko Solar (Chuzhou) Co., Ltd............
Jinko Solar (Shangrao) Co., Ltd...........
Yuhuan Jinko Solar Co., Ltd...............
JINKOSOLAR MIDDLE EAST DMCC...............
------------------------------------------------------------------------

    (E) The U.S. Department of Commerce (Commerce) found that solar 
cells and/or solar modules produced by Jinko Solar Technology Sdn. 
Bhd. or Jinko Solar (Malaysia) Sdn. Bhd., using wafers manufactured 
in China that were exported by the wafer supplier(s) identified in 
item D above, and exported by Jinko Solar Technology Sdn. Bhd. or 
Jinko Solar (Malaysia) Sdn. Bhd. are not circumventing the 
antidumping duty and countervailing duty orders on crystalline 
silicon photovoltaic cells, whether or not assembled into modules, 
from the People's Republic of China.
    (F) This certification applies to the following sales to {NAME 
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}  
(repeat this block as many times as necessary):

# of the Foreign Seller's Invoice to the U.S. Customer:
Applicable Line Item # of the Foreign Seller's Invoice to the U.S. 
Customer:

    (G) I understand that Jinko Solar Technology Sdn. Bhd. or Jinko 
Solar (Malaysia) Sdn. Bhd. are required to maintain a copy of this 
certification and sufficient documentation supporting this 
certification (i.e., documents maintained in the normal course of 
business, or documents obtained by the certifying party, for 
example, product specification sheets, customer specification 
sheets, production records, invoices, etc.) until the later of: (1) 
the date that is five years after the latest entry date of the 
entries covered by the certification; or (2) the date that is three 
years after the conclusion of any litigation in United States courts 
regarding such entries.
    (H) I understand that Jinko Solar Technology Sdn. Bhd. or Jinko 
Solar (Malaysia) Sdn. Bhd. are required to provide the U.S. importer 
with a copy of this certification and is required to provide U.S. 
Customs and Border Protection (CBP) and/or Commerce with a copy of 
this certification, and any supporting documents, upon the request 
of either agency.
    (I) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (J) I understand that failure to maintain the required 
certification and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all sales to which this certification applies are 
sales of merchandise that is covered by the scope of the antidumping 
and countervailing duty orders on solar cells and solar modules from 
China. I understand that such a finding will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping and 
countervailing duty cash deposits determined by Commerce; and
    (iii) the seller/exporter no longer being allowed to participate 
in the certification process.
    (K) I understand that agents of the exporter, such as freight 
forwarding companies or brokers, are not permitted to make this 
certification.
    (L) This certification was completed and signed, and a copy of 
the certification was provided to the importer, on, or prior to, the 
date of shipment if the shipment date is more than 14 days after the 
date of publication of the notice of Commerce's preliminary 
determination of circumvention in the Federal Register. If the 
shipment date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register this certification was 
completed and signed, and a copy of the certification was provided 
to the importer, by no later than 45 days after publication of the 
notice of Commerce's preliminary determination of circumvention in 
the Federal Register.
    (M) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.
Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 
Date-------------------------------------------------------------------

Appendix VI

Certification Regarding Chinese Components

Importer Certification

    I hereby certify that:
    (A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I 
am an official of {NAME OF IMPORTING COMPANY{time} , located at 
{ADDRESS OF IMPORTING COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding 
importation of the solar cells and solar modules produced in 
{COUNTRY{time}  that were entered into the Customs territory of the 
United States under the entry summary number(s) identified below 
which are covered by this certification. ``Direct personal 
knowledge'' refers to the facts the certifying party is expected to 
have in its own records. For example, the importer should have 
direct personal knowledge of the exporter and/or seller's identity 
and location.
    (C) If the importer is acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    The solar cells and/or solar modules covered by this 
certification were imported by {NAME OF IMPORTING COMPANY{time}  on 
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. 
CUSTOMER{time} .
    If the importer is not acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    {NAME OF IMPORTING COMPANY{time}  is not acting on behalf of the 
first U.S. customer.
    (D) The solar cells and/or solar modules covered by this 
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO 
WHOM THE MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. 
ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} .
    (E) I have personal knowledge of the facts regarding the 
production and exportation of the solar cells and modules identified 
below.

[[Page 57432]]

``Personal knowledge'' includes facts obtained from another party, 
(e.g., correspondence received by the importer (or exporter) from 
the producer of the imported products regarding production).
    (F) If the imported products covered by this certification are 
solar cells that are not in solar modules or products that contain 
solar cells that are not in a solar module, then the importer 
certifies that the solar cells produced in {COUNTRY{time}  that are 
covered by this certification were not manufactured using wafers 
produced in China, regardless of whether sourced directly from a 
Chinese producer or from a downstream supplier.
    (G) If the imported products covered by this certification are 
solar modules or products that contain solar modules, then the 
importer certifies that the solar modules produced in 
{COUNTRY{time}  that are covered by this certification were not 
manufactured using wafers produced in China, regardless of whether 
sourced directly from a Chinese producer or from a downstream 
supplier, or the solar modules produced in {COUNTRY{time}  that are 
covered by this certification were manufactured using wafers 
produced in China but no more than two of the following inputs that 
were used to manufacture the solar modules were produced in China, 
regardless of whether sourced directly from a Chinese producer or 
from a Chinese downstream supplier:

a. Silver Paste
b. Aluminum Frames
c. Glass
d. Backsheets
e. Ethylene-Vinyl Acetate
f. Junction Boxes

    (H) The solar cells and/or solar modules covered by this 
certification: (a) absent the affirmative determination of 
circumvention, are not covered by the antidumping duty or 
countervailing duty orders on crystalline silicon photovoltaic 
cells, whether or not assembled into modules, from the People's 
Republic of China; and (b) are not covered by the antidumping duty 
order on certain crystalline silicon photovoltaic products from 
Taiwan.
    (I) This certification applies to the following entries (repeat 
this block as many times as necessary):

Entry Summary #:
Applicable Line Item # of the Entry Summary:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Applicable Line Item # on the Foreign Seller's Invoice:
Producer:
Producer's Address:

    (J) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, product specification sheets, 
production records, invoices, etc.) until the later of: (1) the date 
that is five years after the latest entry date of the entries 
covered by the certification; or (2) the date that is three years 
after the conclusion of any litigation in United States courts 
regarding such entries.
    (K) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of the exporter's certification 
(attesting to information regarding the production and/or 
exportation of the imported merchandise identified above), and any 
supporting documentation provided to the importer by the exporter, 
until the later of: (1) the date that is five years after the latest 
entry date of the entries covered by the certification; or (2) the 
date that is three years after the conclusion of any litigation in 
United States courts regarding such entries.
    (L) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to provide U.S. Customs and Border Protection (CBP) and/or 
the U.S. Department of Commerce (Commerce) with the importer 
certification, and any supporting documentation, and a copy of the 
exporter's certification, and any supporting documentation provided 
to the importer by the exporter, upon the request of either agency.
    (M) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (N) I understand that failure to maintain the required 
certifications and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all entries to which this certification applies 
are entries of merchandise that is covered by the scope of the 
antidumping and countervailing duty orders on solar cells and solar 
modules from China. I understand that such a finding will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping duty 
and countervailing duty cash deposits determined by Commerce; and
    (iii) the importer no longer being allowed to participate in the 
certification process.
    (O) I understand that agents of the importer, such as brokers, 
are not permitted to make this certification.
    (P) This certification was completed and signed on, or prior to, 
the date of the entry summary if the entry date is more than 14 days 
after the date of publication of the notice of Commerce's 
preliminary determination of circumvention in the Federal Register. 
If the entry date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register, this certification was 
completed and signed by no later than 45 days after publication of 
the notice of Commerce's preliminary determination of circumvention 
in the Federal Register.
    (Q) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.
Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 
Date-------------------------------------------------------------------

Exporter Certification

    The party that made the sale to the United States should fill 
out the exporter certification.
    I hereby certify that:
    (A) My name is {COMPANY OFFICIAL'S NAME{time}  and I am an 
official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE 
UNITED STATES{time} , located at {ADDRESS OF FOREIGN COMPANY THAT 
MADE THE SALE TO THE UNITED STATES{time} ;
    (B) I have direct personal knowledge of the facts regarding the 
production and exportation of the solar cells and solar modules for 
which sales are identified below. ``Direct personal knowledge'' 
refers to facts the certifying party is expected to have in its own 
records. For example, an exporter should have direct personal 
knowledge of the producer's identity and location.
    (C) The solar cells and/or solar modules covered by this 
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO 
WHOM MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS 
TO WHICH MERCHANDISE WAS SHIPPED{time} .
    (D) If the exported products covered by this certification are 
solar cells that are not in solar modules or products that contains 
solar cells that are not in a solar module, then the seller 
certifies that the solar cells produced in {COUNTRY{time}  that are 
covered by this certification were not manufactured using wafers 
produced in China, regardless of whether sourced directly from a 
Chinese producer or from a downstream supplier.
    (E) If the exported products covered by this certification are 
solar modules or products that contain solar modules, then the 
seller certifies that the solar modules produced in {COUNTRY{time}  
that are covered by this certification were not manufactured using 
wafers produced in China, regardless of whether sourced directly 
from a Chinese producer or from a downstream supplier, or the solar 
modules produced in {COUNTRY{time}  that are covered by this 
certification were manufactured using wafers produced in China but 
no more than two of the following inputs that were used to 
manufacture the solar modules were produced in China, regardless of 
whether sourced directly from a Chinese producer or from a Chinese 
downstream supplier:

a. Silver Paste
b. Aluminum Frames
c. Glass
d. Backsheets
e. Ethylene-Vinyl Acetate
f. Junction Boxes

    (F) The solar cells and/or solar modules covered by this 
certification: (a) absent the affirmative determination of 
circumvention, are not covered by the antidumping duty or 
countervailing duty orders on crystalline silicon photovoltaic 
cells, whether or not assembled into modules, from the People's 
Republic of China; and (b) are not covered by the antidumping duty 
order on certain crystalline silicon photovoltaic products from 
Taiwan.

[[Page 57433]]

    (G) This certification applies to the following sales to {NAME 
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}  
(repeat this block as many times as necessary):

# of the Foreign Seller's Invoice to the U.S. Customer:
Applicable Line Item # of the Foreign Seller's Invoice to the U.S. 
Customer:
Producer Name:
Producer's Address:
Invoice # of the Producer's Invoice to the Foreign Seller (if the 
foreign seller and the producer are the same party, report ``NA'' 
here):

    (H) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE 
SALE TO THE UNITED STATES{time}  is required to maintain a copy of 
this certification and sufficient documentation supporting this 
certification (i.e., documents maintained in the normal course of 
business, or documents obtained by the certifying party, for 
example, product specification sheets, customer specification 
sheets, production records, invoices, etc.) until the later of: (1) 
the date that is five years after the latest entry date of the 
entries covered by the certification; or (2) the date that is three 
years after the conclusion of any litigation in United States courts 
regarding such entries.
    (I) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE 
SALE TO THE UNITED STATES{time}  is required to provide the U.S. 
importer with a copy of this certification and is required to 
provide U.S. Customs and Border Protection (CBP) and/or the U.S. 
Department of Commerce (Commerce) with a copy of this certification, 
and any supporting documents, upon the request of either agency.
    (J) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (K) I understand that failure to maintain the required 
certification and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all sales to which this certification applies are 
sales of merchandise that is covered by the scope of the antidumping 
and countervailing duty orders on solar cells and solar modules from 
China. I understand that such a finding will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping and 
countervailing duty cash deposits determined by Commerce; and
    (iii) the seller/exporter no longer being allowed to participate 
in the certification process.
    (L) I understand that agents of the seller/exporter, such as 
freight forwarding companies or brokers, are not permitted to make 
this certification.
    (M) This certification was completed and signed, and a copy of 
the certification was provided to the importer, on, or prior to, the 
date of shipment if the shipment date is more than 14 days after the 
date of publication of the notice of Commerce's preliminary 
determination of circumvention in the Federal Register. If the 
shipment date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register, this certification was 
completed and signed and a copy of the certification was provided to 
the importer, by no later than 45 days after publication of the 
notice of Commerce's preliminary determination of circumvention in 
the Federal Register.
    (N) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.
Signature--------------------------------------------------------------
{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 
Date-------------------------------------------------------------------

[FR Doc. 2023-18161 Filed 8-22-23; 8:45 am]
BILLING CODE 3510-DS-P